In 2012 the dispute between Germany and Italy,ICJ endorsed the jurisdictional immunity of States and their properties against any legal challenges by other States and recognized Italy’s responsibility for allowing civil claims based on violations of international humanitarian law, to be brought against the Federal Republic of Germany. The court based its decision on international customary law and the relevant procedure of States. But this was not the end since on 2014 Constitutional Court of Italy declared this judgment in conflict with Italian constitution and paved the way for future civil claims against Germany of any other State based on breaching Jus Cogens and fundamental principles of Human Rights. The Constitutional Court grounded its decision on recent changes in customary international law saying that the previous custom has changed during recent years and a new set of rules created a new custom in this regard. In this paper we analyze different aspects of this legal confrontation which can potentially undermine one of oldest and most important principles of international law and overthrow traditional frameworks of international law environment. The creation of a new custom concerning State immunity and the current challenge following the recent judgment of Italian Constitutional Court is also discussed.

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